Prosecuting International Crimes in Africa - PULP - University of ...

Prosecuting international crimes by the LRA in Uganda 215
One flaw with the Act is that it does not describe with sufficient clarity
the court that has jurisdiction to try the offences defined. The definition of
the word ‘court’ in the interpretation section is of no use. The word is
defined to the effect that court does not include a court-martial. However,
deductive interpretation, supported by other laws, particularly the
Magistrates’ Court Act (MCA), 113 gives Magistrates’ Courts the
jurisdiction to try offences under the Geneva Conventions Act. Section
161(1)(a) of the MCA allows a Chief Magistrate to try any offence other
than those in respect of which the maximum penalty is death. Grade I
Magistrates may try offences other than those in respect of which the
maximum penalty is death or imprisonment for life.
The question which arises from the above is whether Magistrates’
Courts have the capacity to handle offences of a complex nature as may
arise from the Geneva Conventions. An international crime is complex
and hard to prosecute, especially in cases where the offences are
committed outside the country. Although Chief Magistrates and Grade I
Magistrates are required as a minimum qualification to have a bachelor of
laws degree, this may not be sufficient for them to try complex cases.
Usually, Grade I Magistrates are graduates from law school without much
experience. Apart from their qualifications and experience, they are not
properly facilitated in logistical terms and may be described as the face of
a logistically ill-equipped judiciary.
Another shortcoming with the application of the Geneva Conventions
Act is its limited nature arising from the fact that grave breaches of the
Geneva Conventions relate only to breaches committed in the course of
conflicts with an international character. Although Uganda has been
involved in what may be described as international wars (especially in the
Democratic Republic of Congo), the bulk of its conflicts (and the most
devastating such as the LRA one) are non-international armed conflicts.
4.2 International Criminal Court Act, 2010
On 10 March 2010 the Parliament of Uganda passed the International
Criminal Court Bill, domesticating the Rome Statute after almost eight
years since Uganda ratified the Rome Statute. It appears that the hasty
passing of the overdue Bill was catalysed by Uganda’s hosting of the ICC
Review Conference from 31 May to 11 June 2010. The delay in passing the
Bill could be explained by the events surrounding the Government/LRA
peace negotiations described above. As indicated above, the peace
agreements envisaged a number of legislative reforms, which appears to
have motivated the government to halt the Rome Statute domestication
process. With the failure of the LRA to sign the final peace accord and the
113 Magistrates Court Act, Ch 16 Laws of Uganda, 2000.